House Bill 1553

    Florida House of Representatives - 2000                HB 1553

        By the Committee on Claims and Representatives Morroni and
    Rayson





  1                      A bill to be entitled

  2         An act relating to Palm Beach County; providing

  3         for the relief of Elizabeth Menendez; providing

  4         for an appropriation to compensate Elizabeth

  5         Menendez for injuries and damages sustained as

  6         a result of the negligence of the Palm Beach

  7         County Sheriff's Department; providing an

  8         effective date.

  9

10         WHEREAS, in the early morning hours of July 4, 1990,

11  Elizabeth Menendez, then 22 years of age, was operating a

12  motor vehicle on the highways of Palm Beach County, and

13         WHEREAS, Elizabeth Menendez was attempting to make a

14  left turn at Southern Boulevard and I-95 with the intention of

15  going onto the southbound ramp and proceeding to her residence

16  in Palm Springs, and

17         WHEREAS, at that time, a vehicle being pursued by the

18  Palm Beach County Sheriff's Department at speeds of

19  approximately 100 miles per hour struck the vehicle that

20  Elizabeth Menendez was operating, and

21         WHEREAS, in the resulting head-on collision, Elizabeth

22  Menendez sustained serious and permanent injuries, and

23         WHEREAS, the injuries sustained by Elizabeth Menendez

24  as a result of the accident that occurred on July 4, 1990,

25  formed the basis of legal action against the Palm Beach County

26  Sheriff's Department (Case No. CL 93-2544 AO), and

27         WHEREAS, on October 21, 1998, in the Circuit Court of

28  the Fifteenth Judicial Circuit in and for Palm Beach County,

29  Carlos Menendez and Teresita Menendez, as guardians of

30  Elizabeth Menendez, entered into a settlement agreement with

31  the Sheriff of Palm Beach County, and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1553

    176-129B-00






  1         WHEREAS, the Sheriff of Palm Beach County has paid

  2  $100,000 to Carlos and Teresita Menendez, as legal guardians

  3  of Elizabeth Menendez, for the use and benefit of Elizabeth

  4  Menendez, pursuant to the terms of the settlement agreement,

  5  and

  6         WHEREAS, the Sheriff of Palm Beach County actively

  7  supports the passage by the Florida Legislature of a relief

  8  act in the amount of $2,400,000 on behalf of Carlos Menendez

  9  and Teresita Menendez, as legal guardians of Elizabeth

10  Menendez, for the use and benefit of Elizabeth Menendez, NOW,

11  THEREFORE,

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  The facts stated in the preamble to this

16  act are found and declared to be true.

17         Section 2.  The Sheriff of Palm Beach County is

18  authorized and directed to appropriate from funds of the

19  sheriff's department not otherwise appropriated and to draw a

20  warrant in the sum of $2,400,000 payable to Carlos Menendez

21  and Teresita Menendez, as legal guardians of Elizabeth

22  Menendez, for the use and benefit of Elizabeth Menendez, to

23  compensate Elizabeth Menendez for injuries and damages

24  sustained. Such funds shall be disbursed in accordance with

25  the settlement agreement signed in October 1998.

26         Section 3.  This act shall take effect upon becoming a

27  law.

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